Legal Question in Civil Litigation in Nevada

In a civil case. Where a person filed a complaint against another. Stateing that the other person made a death threat against them.

But in fact no such threat was made.

And the person makeing the complaint has produced a witness that was not at theincident. And the converstion was a wisper into the others ear. All that was said was " You are a very mean person" Then the person left with now further action.

The complaintent filed a report and now it is going to family court.

What can the other person to to prove the witness is lying and so is the complaintant.


Asked on 12/07/09, 1:17 am

1 Answer from Attorneys
Greta Muirhead

In order for a TPO to be issued in a Family Court case, there has to be a relationship --like husband and wife, sister and brother or boyfriend and ex-girlfriend, etc.

As an example, if I wanted to file a complaint alleging that my neighbor was a danger to me, then I wouldn't file for a TPO in Family Court as we aren't in a family type relationship. I would file in Justice Court for a Restraining Order.

The point is, perhaps you can argue jurisdictional grounds that the case does not belong in Family Court. If that doesn't work, then you can have the applicant and witness testify and try to poke holes in their story. That's what lawyers do.

Perhaps you should spend the money to consult with a lawyer. Have a TPO issued against you is serious--it can affect your ability to get certain jobs, etc.

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Answered on 12/12/09, 4:05 pm


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